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by S.J. Anthony Fernando

One must understand this is a ceasefrie between two parties at war and both parties should stop offensive operations against each other and status quo should be recognised until a solution is evolved. Though there is no prohibition of LTTE cadres carrying arms in the areas they control yet when they go to Government controlled areas they should go unarmed

The political debate on the ceasefire agreement signed between the Government and the LTTE within Parliament as well as through the media and public platforms have so far brought varied opinions and views.

A majority have hailed it as a significant move towards achieving peace, with some while welcoming the step expressed doubts about the sincerity of the LTTE, while certain sections like the JVP, Sihala Urumaya and a few organisations known for their strident extremist views have branded it as a complete sell out to the LTTE going to the extent of stating that it amounted to the grant of de facto Eelam.

Debate

It is to the credit of Prime Minister Ranil Wickremesinghe that he threw the debate on the agreement wide open allowing a two-day debate in Parliament going to the extent of exposing himself to grilling by the local and foreign media personnel at a media briefing broadcast live on television. The accusation however had been made that it was not subject to a public debate and discussed before the agreement was signed.

What the protagonist of the crusade opposing the ceasefire seems to have overlooked, in the rush to point blank condemn anything to do with LTTE, is the fact that the ceasefire agreement is not the final package for peace.

It is merely a temporary phenomenon with demarcation of the areas presently under LTTE control and the areas under Government control in the North and East for the purpose of easy verification of any violations of the ceasefire agreement.

Demarcation

To conclude that the drawing of demarcation lines is to concede certain areas of the country to the LTTE, to say the least, is a gross misinterpretation of reality. Such demarcation or other conditions stipulated in the agreement have no permanent binding. For instance either side can abrogate the agreement giving 14 days notice.

On the other hand any permanent binding if at all should come on the final peace package which has to be compulsorily placed before the public for debate before being adopted as the final solution unlike the ceasefire agrement which is temporary and is the first steps towards talks in working out a final package. It has put on paper the unilateral declaration of ceasefire announced by either side recognising the status quo on that day till a final settlement is worked out.

Not only legislation on the final package need to be passed by parliament with a two third majority but also approved by the people at a referendum. With the Government of Ranil Wickremesinghe already declaring that it was ready to discuss anything with the LTTE except the demand for Eelam, and the LTTE sending signals that its Eelam demand would not be on the agenda for peace, the final peace package will necessarily have to provide for the writ of the Government to be exercised in all parts of the country even though giving substantial autonomy to Northern and Eastern Provinces.

Facilitator

As such demarcation of boundaries under the ceasefire agreement and conditions on movement of LTTE cadres are only temporary measures as is required under any ceasefire agreement between two parties at dispute until a final solution is found to solve it.

The fact that Norway acting as the facilitator and special foreign monitoring Committees to supervise the implementation of the agreement with the backing of the International Community gives the assurance the both parties will have to abide by the conditions laid down.

The extent of the autonomy to be granted and the democratic institutions that have to be put in place, the disarming of LTTE and their future status as well as the role of our security forces etc. will have to be worked out in the final peace deal.

Surely they are not matters which should come within the framework of a ceasefire agreement? The task of the ceasefire agreement is to lay down the existing ground situation and also address the humanitarian aspects of the people in the North and East who had suffered immeasurable hardships due to the war.

Criticism has also been made of a clause where it is stipulated that the government shall not take any offensive action against the LTTE. This is to mean desist from deliberate and calculated action against the LTTE.

Pointed out

However as pointed out by various government spokesmen the provision that Sri Lankan Armed Forces have the right to perform their legitimate task of safeguarding the sovereignty and territorial integrity of Sri lanka as well as take actions against violations of the Penal Code mean that the Security Forces can take action against any illegal acts like smuggling of arms, carrying or harbouring offensive weapons in areas controlled by the Government.

On that score it can also take action against extortions, abductions or any violent acts whether they are indulged in by Sinhala, Muslim or Tamil nationals including LTTE or other groups in the North or in the South. Similarly the Government had the right to raid and take into custody any arms hidden in secret locations under the normal laws of the country.

There is nothing in the agrement to prevent the Government of ensuring law and order in the country and use of its laws enforcement officers in the task. As the Government spokesmen had made it clear the necessary random checks are continuing and Security Forces are on alert and ready to face any eventuality. There is no withdrawal of the Security Forces from their present positions either.

Arguments are also raised why there is no provision for the LTTE to lay down arms in the ceasefire agreement or that there is no mention in it of the LTTE giving up its demand for Eelam. Such slogans are mouthed no doubt to rouse the people as the very same people who raise these issues know that such matters had to be dealt with at the stage of peace talks and not in a ceasefire agreement.

One must understand this is a ceasefrie between two parties at war and both parties should stop offensive operations against each other and status quo should be recognised until a solution is evolved. Though there is no prohibition of LTTE cadres carrying arms in the areas they control yet when they go to Government controlled areas they should go unarmed. It is for this reason that demarcations are needed.

Reality

The reality we have to face is that any negotiated peace had to be with the LTTE though everyone sees it as a terrorist organisation. The international community and even almost all Tamil political parties representing Tamil people in North and East have recognised this position.

What is of paramount importance at this stage of the peace process is for both sides to act in a manner to dispel in the minds of the people the deep animosities, anger and suspicion that have built up in them over the years due to the killing of innocent Sinhala, Tamil or Muslim people, loss of property and rendering thousands as refugees.

The wounds would certainly take long in healing. But it could do well for bothsides not to make the wounds much worse by untoward or injudicious acts.

While the Sinhala majority in the South should not fall prey to machinations of those who try to whip up communal feelings with a view to sabotage the peace process by harping on past atrocities of LTTE, the LTTE should not by provocative actions and statements to put fuel to the fire ignited by communal forces in the South.

Fear

The greatest fear entertained by the people of the South, and justifiably too judging by their past records, is that the LTTE has entered into the ceasefire agreement to get time to build up their depleted armoury and cadres so as to wage another war.

Credible reports had several instances of LTTE trying to smuggle in arms through the high seas, being detected and engaged on by the Navy recently, instance of attempts at forceful conscription of children and adults, abductions etc.

With LTTE cadres being allowed to come into Government controlled areas unarmed to engage in political activity there had been instances where propaganda had been carried out in a manner to create hatred among the Tamil youths against the Sinhalese in order to induce them to join their military cadres. Such an instance was visible at the Cultural Festival held in Vavuniya recently where videos on LTTE engaged in war with the security forces and the attack on the Katunayake airport were shown in order to induce youth to join their cadres.

Such propaganda would no doubt harm the peace process as what is needed at this hour is the building up of goodwill land brotherhood among the different communities. The LTTE and the Tamil parliamentarians and the Tamil community should ensure that such acts are not engaged in particularly when the government had already launched a series of measures attending to humanitarian needs of the Tamil population who had undergone immense hardships due to the war.

Reciprocate

The LTTE and the Tamil community should reciprocate the goodwill and good intentions shown by the government and ensure that they do not do anything to open up the wounds of discord and mistrust and desist from provocative actions which would offer cannon fodder to extremist forces in the South to rouse communal feelings in the South.

The Non-Government organisations and other organisations who have welcomed the current peace process too should prevail upon the LTTE on their obligations. So far in statements issued by such organisations hailing the peace process there had been no such direct appeal made by them to the LTTE.

As has been repeatedly stressed by all sections, the success of the peace process depends largely on genuineness, honesty and commitment of both sides towards the peace efforts. Any provocative actions on both sides will only prolong the peace process. What is essential is to build bridges of friendship so that a conducive atmosphere is built up when the peace talks proper begin.

It is heartening to note that President Chandrika Bandaranaike Kumaratunga and the leader of the Opposition, Mahinda Rajapakse have thrown their full weight behind the ceasefire agreement despite expressing certain reservations on certain provisions. LSSP, CP and several left parties have also supported the move making constructive suggestions to make its operation practical.

Let us hope that all the pitfalls and unforeseen "Landmines" along the road to peace are overcome with a display of goodwill and brotherhood in all our actions.

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